CITY COUNCIL POLICY CP 1-6 Category: General Department:City Clerk TITLE: Public Body Meeting Procedures Approved: July 10, 2007 A. Purpose 1. These Rules of Procedures for meetings of City of Peoria Public Bodies are intended to establish a standard policy and identify rules and procedures for the conduct of public meetings of public bodies of the City of Peoria. These rules of procedure are not intended to apply to public meetings of the City Council, which are addressed in separate (though similar) rules of procedure (“City Council Meeting Rules of Procedure,” City Council Policy CP 1-2). Public bodies that are subject to these rules of procedure include City Council Committees, City of Peoria Boards, and City of Peoria Commissions. 2. These Rules of Procedures apply to all aspects of Public Body meetings, including the preparation and publication of public notices, the preparation and publication of meeting agendas, and the preparation and reporting of meeting minutes. The City of Peoria is governed by A.R.S. §§ 38-431, et seq., which is commonly known as the “ARIZONA OPEN MEETING LAW.” It is the Policy of the City Council that all public meetings be conducted in a timely and orderly manner; that notices, agendas, and minutes of public meetings be prepared, published, and distributed; that all documentation relating to the City’s open public meetings be made available to the public; and that all issues as set forth above be done in general conformance with the laws, the City Charter, the City Code, this or any other Council Policy, applicable Rules of Conduct, Procedures, and Regulations governing same, and Scott, Foresman version of Robert’s Rules of Order. 3. If a Public Body adopts specific additional rules that are designed to reflect the unique nature of the material that it considers, then in the event of a conflict between the specific rules and these general Rules of Procedures, the specific rules of the Public Body shall govern B. Defined Terms. 1. “Agenda.” As set forth in the Order of Business, an agenda is a formal listing of items to be considered by the Public Body at a noticed public meeting. The agenda may not be changed less than 24 hours prior to the public meeting. 2. “Legal Counsel.” The City Attorney will determine whether an attorney is necessary to attend a Public Body Meeting to provide legal advice to the Public Body. Depending on the role of the Public Body, for example whether it is performing a quasi-judicial function, the designated counsel may be a member of the Office of the City Attorney or outside counsel hired by the City for such purpose. 3. “Meeting.” The gathering of a quorum of members of the Public Body, as a result of a Public Notice and Agenda, to propose to take legal action or to deliberate regarding legal action to be taken in the future. 4. “Meeting Packet.” A compilation of documents supporting the items listed on the Agenda and requiring Public Body action, which may be used by Public Body members, Staff, and the public for more in-depth information than may be presented in an oral report. 5. “Minutes.” The documented history of each meeting of the Public Body and the discussion and action taken by that Public Body. The minutes’ format normally follows the order of business as reflected in the public notice and agenda for that particular meeting. Included in the minutes are: meeting date, time, location, members’ present and absent, staff members present, other officials or persons present (if pertinent to the meeting) and the number of public present. The subject, an overview of the main issues under discussion, the motion and second, and the action taken including the vote is also included in the minutes. 6. “Notice.” A formal announcement to the public that sets forth the date, time, and place for which a meeting of a Public Body will be held. Giving formal notice of meetings is done as provided by Statute, Charter, Code, City Policy, or other Rules and Regulations of the Public Body. 7. “Presiding Officer.” The Chairperson of a Public Body, who shall preside over the Meeting of the Public Body and conduct the meeting in conformance with and adherence to all applicable Statutes, Policies, Rules, Regulations, and Procedures. 8. “Public Body.” Any formally created Board, Commission, or Committee of the City. 9. “Quorum.” A quorum is the minimum number of members of the Public Body who must be present in order for business to be legally transacted. An alternate member of a Board or Commission does not count when determining a quorum, unless the alternate is serving as a regular member due to an absence of the Regular Member. A quorum is one more than one-half of the total membership of the Public Body, unless established otherwise by the By- laws of the Public Body. For example: With a 3-member body, a quorum is 2. With a 4- or 5-member body, a quorum is 3. With a 6- or 7- member body, a quorum is 4. With a 10- or 11- member body, a quorum is 6. With a 19-member body, a quorum is 10. 10. “Staff Liaison.” The City employee, or designee, assigned by the City Manager to support all Meetings of a particular Public Body. C. Agenda Preparation 1. Preparation and Distribution. The Staff Liaison shall prepare the Agenda for any meeting of a Public Body in conformance to the Order of Business as set herein. Agendas of all Public Body meetings shall be available no less than 24 hours prior to said meetings. 2. Placement of Items on Agenda. Items shall be placed on the agenda for a meeting of a Public Body by request of a member of the Public Body or the Staff Liaison. 3. Submission of Items for Executive Sessions. A request for an Executive Session pursuant to State law should be reviewed by the Legal Counsel who shall ensure compliance with applicable laws. 4. Documentation for Meetings of Public Bodies. A Meeting Packet containing documentation for a meeting of a Public Body shall be assembled, reproduced, and made available to members of the Public Body and the public at least 24 hours prior to the meeting. A Meeting Packet should contain the Agenda, Minutes from the Public Body’s most recent meeting, and documentation that may be attached to support items on the Agenda, such as a Staff Report. D. Meeting Notices 1. Preparation. The Staff Liaison shall prepare all public meeting notices of a Public Body and file a Notice and Agenda with the City Clerk no less than 72 hours before the date and time set for the meeting. 2. Official Posting Locations and Timing. The City Clerk shall post the official notices of all meetings of a Public Body in the following three locations: (1) Peoria Post Office, 85th & Peoria Av; (2) Peoria Community Center, 84th & Jefferson; (3) Peoria City Hall, 8401 W. Monroe Street on the Administrative Building Posting Boards. All meeting notices shall be posted no less than 24 hours before the date and time set for said meeting in accordance with A.R.S. § 38- 431.02(C). 3. Annual Notice -- Public Bodies. The Staff Liaison for each Public Body, not later than January 2nd of each year, shall file a statement with the City Clerk’s Office stating where all public notices of their meetings will be posted and shall give such additional public notice as is reasonable and practicable as to all meetings. E. Meetings To Be Public 1. All meetings of a Public Body are open to the public, with the exception of those meetings called as Executive Sessions pursuant to A.R.S. §§ 38-431.02 et seq. 2. All public meetings may be recorded or photographed by means of audio, video, or photographic equipment provided, however, that there is no interference in the orderly conduct of the meeting, and that said equipment is placed in non-hazardous locations as designated by the City’s Facility Management staff. F. Order of Business 1. Agenda. The Order of Business of each meeting shall be contained in the Agenda. The Agenda shall be a sequentially numbered listing by topic and a brief description of the subjects that shall be taken up for consideration. A Public Body meeting should abide by the following agenda: Call to Order (Convene) Roll Call Disposition of Absence (may be put on the Consent Agenda if a Consent Agenda is used) (Should include the name of the member absent and the Meeting Date. If not on Consent, the wording for this item is: Discussion and Possible Action to Approve the Absence of ________ from the meeting of _____________) Final Call to Submit Speaker Request Forms (If public is allow to speak on issues that are not a Public Hearing) Presentations Consent Agenda (If one is used) (Consent Agenda items are listed in the following order: Minutes, Disposition of Absences from previous meetings, Unfinished Business, New Business) Unfinished Business New Business Call to the Public (if used) Reports From Staff Reports From Public Body Member Adjournment 2. Issues That May Be Considered. Only matters appearing on the Agenda and items reasonably related thereto shall be considered by the Public Body holding the meeting, with the exception of an emergency issue which may be considered in conformance with A.R.S. §§ 38-431 et seq. 3. Items to be Taken in Order. a. The Presiding Officer may consider items out of sequence from the printed Agenda for the meeting. b. Action may be taken on all items listed for action on the Agenda. In the event of an emergency, action may be taken on items not listed on the Agenda; however, the subsequent action must be noticed in accordance with the Open Meeting Law. 4. Call to Order. The meeting shall be called to order by the Presiding Officer. 5. Roll Call. Following the Call to Order and before proceeding with the business of the Public Body, the Presiding Officer shall call the Roll, and the names of Public Body members both present and absent shall be entered in to the minutes. Under the Open Meetings Act, the City may permit members to attend by Teleconference as A.R.S. 38-431 permits attendance by technological devices, when such members are outside Maricopa County, Arizona on the date and time of the meeting. In the event that a member is attending by technological device, then such meeting would automatically be moved to a location such as Economic Development Conference Room that has appropriate equipment for such purposes. If a quorum is not present, those in attendance will be named for the record and, in the absence of the Presiding Officer, the Staff Liaison will adjourn the meeting. 6. Consent Agenda. a. The Consent Agenda lists items that are of such a nature that discussion is not required, or concern issues that have been previously studied by the Public Body. These items may be adopted by one motion. b. There is no detailed discussion on items listed under the Consent Agenda, unless a member of the Public Body requests that an item or items be removed for discussion. Members may ask a question without removal of the item from the Consent Agenda. c. Items removed from the Consent Agenda are considered in their normal sequence as listed on the Agenda, unless called out of sequence as provided for herein. 7. Public Hearings. a. Generally Public Hearings, other than those of a quasi-judicial nature, shall be conducted in the following order: 1) The Presiding Officer will announce the matter that is set forth for a Public Hearing, and (if appropriate) ask the Staff to provide a short summary of the matter. 2) The Presiding Officer will then ask the Applicant to speak on their application if they so desire. 3) At the conclusion of the Staff Report and/or presentation by the Applicant, the Presiding Officer will open the Public Hearing for comments from the public. 4) After all public comments are heard, the Presiding Officer will close the Public Hearing, and may ask Staff or the applicant to respond to the comments. 5) The Presiding Officer may then call for a motion and second (if applicable) and ask if the Public Body wishes to discuss the issue. The Public Body may then proceed to discuss the matter. 6. Upon conclusion of discussion, the Presiding Officer will call for action on the motion. b. Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the Agenda, and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the hearing, limit testimony, but in no event to less than 3 minutes per individual. Upon approval of the Public Body, persons may be allowed to speak longer than 3 minutes. The Public Body may ask the individual speaker questions, and the speaker may respond. c. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the Legal Counsel to the Public Body shall advise the Public Body in this regard. 8. Public Comment. a. General. At the pleasure of the Public Body, individuals may address the Public Body on any subject pertaining to or related to the Public Body’s business, whether listed on the Agenda or not, and according to the prescribed schedule. b. Speaker Request Form. All citizens, and interested parties wishing to speak before the Public Body shall fully complete a Speaker Request Form/s and, if possible, submit the form/s to the City Clerk, or designee prior to the meeting being convened; but in any case submissions should be made no later than the Presiding Officer announcing the “Final Call to Submit Speaker Request Forms and Call to the Public”. Sufficient Speaker Request Forms are located in the Council Chamber’s Lobby (the public entry area into the Chamber), and at the City Clerk’s position on the dais. The completed forms will be retained by the City Clerk in the Official Files for a period of 1 year and are a public record. c. Call to the Public--Non-Agenda Items. Presentation of petitions, or public comments on Non-Agenda issues are heard under “Call to the Public.” 1) The Presiding Officer may limit the number of speakers heard on non- agenda topics at any single meeting. If it appears that several speakers desire to speak regarding a single topic, the Presiding Officer will limit the number of speakers to a maximum of five. 2) All citizens and interested parties will be limited to a maximum of 3 minutes to address the Public Body on a Non- Agenda item. The time limit may be waived by consensus of the Public Body. 3) The Public Body may not discuss any issue not listed on the Agenda, except to thank the speaker, or direct Staff to address appropriately. Any questions raised by the speaker on non-agenda items will not be answered by the Public Body, but will be referred to the City Staff for follow-up. d. Call to the Public - Agenda Item. At the appropriate item on the Agenda, the Presiding Officer will, in the order in which the Speaker Request Form was received, call by name each individual who has asked to speak on a specific Agenda Item. Those speaking before the Public Body will be allowed 3 minutes to address the Public Body, but time limits may be waived upon consensus of the Public Body. e. Interaction between Speaker and Public Body. The purpose of all public comments is to provide information and the speaker’s views for the Public Body’s consideration. It is not appropriate for the speakers to question directly, or debate the matter under consideration with Staff, other speakers, the audience, or members of the Public Body. All comments should be addressed through the Presiding Officer. After being recognized by the Presiding Officer, the Public Body may question the speakers, any applicant’s representatives, or City Staff. Except when answering a direct question from a Public Body member, all remarks will be addressed to the Public Body as a whole, and not to individual members. f. Speaker Decorum. Proper decorum must be observed by speakers in providing testimony and remarks. 1) The Presiding Officer shall keep control of the Meeting, and require that the speakers refrain from abusive or profane remarks, disruptive outbursts, protests, or other conduct which disrupts or interferes with the orderly conduct of the business of the meeting. 2) Personal attacks on Public Body members, City Staff, or members of the public are not allowed. Oral communications during the Public Body Meeting may not be used to lodge charges or complaints against any employee of the City, regardless of whether such employee is identified in the presentation by name or by any other reference, which tends to identify the employee. Any such charges or complaints against employees shall be submitted during normal business hours to the City Manager for appropriate action. 3) It is inappropriate to utilize the public hearing or other Agenda item for the purpose of making political speeches, including threats of political action. Engaging in such conduct, and failing to cease such conduct upon request of the Presiding Officer, will be grounds for ending a speaker’s time at the podium or, at the direction of the Presiding Officer, for removal of any disruptive person from the Meeting Room. 4) After a motion has been made, or after a public hearing has been closed, no member of the public shall address the Public Body without first securing permission of the Presiding Officer. g. Documents Exhibits, letters, petitions, and other documentary items presented or shown to the Public Body on a public hearing item become part of the record of the public hearing. Twelve collated sets of written or graphic materials should be provided by the speaker prior to the commencement of the hearing to allow for distribution to the Public Body, key City Staff, and a copy for the Staff Liaison to include in the public record of the hearing. Reduced copies (8 1/2" x 11") of large graphic exhibits should be provided as part of the sets of materials for distribution as provided above. This requirement may be waived for signed petitions submitted by neighborhoods or other citizen groups, although these groups are required to present the originals to the City Clerk for the Record, and are encouraged to provide copies as set forth above. 9. Presentations/Reports by Members of the Public Body or Staff. a. Any Public Body member or City staff may bring before the Public Body information regarding activities of outside agencies, City or Community events or programs, or items needing placement on future Agendas related to the duties of the Public Body. b. These informational issues, appointments, or requests are put before the Public Body under the “Reports from the Members” or “Reports from Staff” portions of the Agenda. These matters need not be specifically listed on the Agenda. 10. Adjournment. a. The open public meetings of the Public Body may be adjourned without motion and vote. b. The Presiding Officer shall ask: “Is there any further business to come before the Public Body?” Being none, the Presiding Officer shall then formally adjourn the meeting by saying: “There being no further business to come before the ______ (name of the Public Body), the meeting is adjourned,” or “Hearing none, the meeting is adjourned.” G. Rules, Decorum, and Order 1. Robert’s Rules of Order. Certain rules known as Robert’s Rules of Order, Newly Revised (1990, 9th Edition, by Scott, Foresman) shall be used as a general guide for the conduct of all Public Body meetings. Copies are available in the Office of the City Attorney, the Office of the City Clerk, the Peoria Public Libraries, and the Council Chamber. 2. Participation of Presiding Officer. The Presiding Officer is responsible for the maintenance of order and decorum at all times. No person is allowed to speak unless they have first been recognized by the Presiding Officer. All questions and remarks shall be addressed to the Presiding Officer. The Presiding Officer may debate from the Chair, subject only to such limitations of debate as are imposed on all Public Body members; and he/she shall not be deprived of any of the rights and privileges of a member by reason of his/her acting as Presiding Officer. 3. Question to be Stated. The Presiding Officer shall verbally restate each question immediately prior to calling for discussion and/or the vote. Following the vote, the Presiding Officer shall verbally announce whether the question carried or was defeated. The Presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. 4. Points of Order. The Presiding Officer shall determine all Points of Order, subject to the right of any member to appeal to the whole Public Body. If any appeal is taken, the question (motion) shall be: “Shall the decision of the Presiding Officer be sustained?” In which event, following a second, a majority vote shall govern, and conclusively determine such question of order. 5. Decorum and Order. a. Public Body members. Any member desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, may speak. b. Employees. Members of the administrative staff and employees of the City shall observe the same rules of procedure and decorum applied to members of the Public Body. Any staff members desiring to address the Public Body or members of the public shall first be recognized by the Chair. c. Public. Members of the public attending Public Body meetings shall observe the same rules of order and decorum applicable to the Public Body. Unauthorized remarks or demonstrations from the audience, such as applause, stamping of feet, whistles, boos, yells, and/or other conduct which disrupts or interferes with the orderly conduct of the business of the meeting shall not be permitted. d. Enforcement. The Presiding Officer may direct a Police Officer present to remove from the room any person who violates the decorum and order of the meeting. If no Police Officer is available, a member of the Board or a Staff Member may be designated as the ex-officio Sergeant-at- Arms of the Public Body. Upon instructions from the Presiding Officer, it shall be the duty of the Sergeant-at-Arms to remove any person from the public meeting. 6. Conflict of Interest. All Public Body members are subject to provisions of the Arizona Revised Statutes, City Charter, City Code, and the City’s Ethics Policy relative to conflicts of interest. Any member prevented from voting because of a conflict of interest shall also refrain from any participation in the issue under which a conflict exists. Such member must leave the Dais during debate and vote on the issue. 7. Rulings of Chair on Procedural Issues. In presiding over Public Body meetings, the Presiding Officer shall decide all questions of interpretation of these rules, points of order or other questions of procedure requiring rulings. a. The Presiding Officer, or Public Body by consensus, may suspend strict observance of Policies, Rules, Regulations, and Procedures, and any applicable provision of Robert’s Rules for the timely and orderly progression of the meeting. b. In the event of a conflict between these rules and Robert’s Rules of Order, these rules shall govern. c. In the absence of a rule herein to govern a point or procedure, Robert’s Rules of Order shall be used as a guide. 8. Appeal the Ruling of the Chair. As applies to members of the Public Body, any such decision or ruling of the Chair shall be final. However, immediately following the Chair’s ruling as it applies to other than members of the Public Body, a motion and second to appeal the ruling can be made, and the ruling can be overridden or suspended by a majority vote of the members present and voting. If not appealed, the Chair’s ruling shall be binding and legally effective for purposes of the matter under consideration. H. Motions A motion is the formal action taken by the Public Body in order to introduce and place an item before the Public Body for debate and possible action. A motion also may be made following the presentation of a report or other communication. 1. Processing of Motions. a. When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion so stated shall not be withdrawn by the mover without the consent of the person seconding it. b. Prior to the Presiding Officer stating the motion, the maker has the right to modify the motion as the maker pleases, or to withdraw it entirely. If the motion is modified, the member who has seconded it has the right to withdraw the second. c. Also prior to the Presiding Officer stating the motion, and without recognition by the Presiding Officer, a member of the Public Body can say: “Mr. or Madam Chair, I would like to ask the maker of the motion if he/she would accept the following modification to his/her motion...” d. If a modification made by another member is accepted by the maker of the motion, then the person suggesting the modification has, in effect, seconded the modified motion and no further second is needed. If the member who seconded the unmodified motion withdraws the second after modification, the second is presumed made by the member suggesting the modification. 2. Division of Question. If the question contains two or more propositions that could be divided, the Presiding Officer may, and upon the request of a member shall, divide the same. 3. Precedence of Motions. When a motion is before the Public Body, no motion shall be entertained except the following, which shall have precedence in the following order: Fix the time to adjourn Adjourn Recess Raise a question of Privilege Call for Orders of the Day Lay on the Table Previous Question Limit or extend limits of debate Postpone to a certain time (Definite)(Same as “Carry Over” or “Continue”) Commit (Refer or remand to a Committee) Amend Postpone Indefinitely (“Kills”) Main Motion 4. Motion to Postpone Indefinitely. A motion to postpone indefinitely is used to effectively “kill” action to vote on an item. This motion is debatable, and because it can be applied only to the main question it only can be made while the main question is immediately pending (a motion and second is on the floor). 5. Motion to Table. A motion to table shall be used to temporarily bypass the subject. A motion to table shall be un-debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be “taken from the table” at any time prior to the end of the next Regular Meeting. 6. Motion to Limit or Terminate Discussion. Such a motion shall be used to limit or close debate on, or further amendment to, the main motion and shall be un-debatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 7. Motion to Amend. a. A motion to amend shall be debatable only as to the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to the amendment shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. c. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. d. Amendments shall be voted on first, then the main motion as amended. 8. Motion to Continue. Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. I. Voting Procedure 1. Casting a Vote. a. In acting upon every motion, the vote shall be taken by casting a mechanical yes/no vote, voice, or roll call or any other method as determined by the Presiding Officer by which the vote of each member of the Public Body may be ascertained clearly. b. The vote on each motion shall be entered in the records by number of votes for or against. Members casting a vote in the minority shall be identified by name in the record. The record also shall include the name/s of any member not casting a vote by reason of being absent from the room at the time of the vote. c. If a member has declared a Conflict of Interest and is absent during the roll call vote, the Staff Liaison shall include “Absent for the Vote due to a declared Conflict of Interest” in the official minutes as part of the results of the vote. d. If the roll call method of voting is used, the Presiding Officer shall call the names of all members. Members shall respond “Yes” or “No.” It shall not be in order for members to explain their vote during “roll call” voting. e. The minutes shall reflect all reasons for failure to vote. 2. Failure to Vote. a. All members of the Public Body, in attendance of a duly called meeting that requires formal action, are required to vote, unless the issue involves the conduct of the member or a declared conflict of interest. b. Should a member fail to vote, his/her “vote” shall be counted with the majority of votes cast; however, in the event of a tie vote, his/her “vote” shall be counted as a “No.” 3. Reconsideration. Any member of the Public Body who voted with the majority may move a reconsideration of any action at the same or next available meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without the unanimous consent of the Public Body. 4. Tie Votes. On a tie vote, a motion requiring a majority vote for adoption is a lost motion. When all members are present, a tie vote on whether to grant an appeal from official action shall be considered a denial of such appeal, unless the Public Body takes other action to further consider the matter. J. Minutes of Meetings 1. The Staff Liaison shall ensure Staff attendance at all Meetings of Public Body for the purpose of taking notes and audio recordation of the Meeting. 2. To the extent possible, all open public meetings shall be recorded by means of audio or video technology. In addition, written notes shall be taken so that a brief accounting of the issues discussed and actions taken is compiled and entered into the permanent Minute Book of the City; and kept on file and of record in the Office of the City Clerk. Audio or video recordings of meetings will be retained for a period of time in accordance with the current City of Peoria, State approved Records Retention and Disposition Schedules. 3. All minutes of a Public Body are deemed to be Public Records, with the exception of Closed Executive Session Minutes which, while they fall under the definition of and are considered public records, by State Statute are deemed confidential and are only available under limited conditions or by Court Order. Transcribed minutes, or the audio or video recording of all open meetings of the City Council must be on file in the Office of the City Clerk, and available for public review by 5:00 p.m. on the third working day following each meeting, or as provided by Arizona Revised Statutes. 4. Minutes of Executive Sessions (and if taped, the tape recordings) shall be confidential, are maintained and secured by the City Clerk, and may be accessed only as provided by Arizona Revised Statutes. 5. Any confidential documentation provided to the Public Body and used during Executive Session discussion shall be provided to the City Clerk, who shall maintain and secure the documentation. APPROVED: /S/ Bob Barrett, Mayor APPROVED AS TO FORM: /S/ Stephen M. Kemp, City Attorney Adopted: 8/31/93 (CC #4439) Amended: 1/31/94 (No CC) Amended: 8/26/98 (CC #257-8C) [Prior Numbering: PPR Section 1-2] Amended: 7/10/07, CC #SS3B